Ugly customs in marriage.
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The Shaykh : As for the bad, ugly, pre-Islamic age of ignorance (jahiliyyah) customs, one of them is that some tribes do not marry off their women except to men of their own tribe, even if a man from another tribe who is more honorable and noble than their tribe proposes. Why? Because they do not want to marry outside the tribe. The woman wants this man, who is not of her tribe, and desires him because of his good character and religion. The Prophet (peace and blessings be upon him) said: Jami` at-Tirmidhi 1085Da'if (Darussalam) And this man prevents this woman from being married because the suitor is not of the tribe. This is a pre-Islamic age of ignorance (jahiliyyah) custom, a bad custom, a custom that the Shari'ah has invalidated. It specified who is acceptable and who is not by saying: Sunan al-Bayhaqi 10:875. Also included in this is what is currently happening among people, where a Qabiliyyah (tribal woman) does not marry a Khudhari (non-tribal man), and a Khudhari does not marry a Qabiliyyah. Who is a Khudhari? The green one, or not? A Khudhari is one who does not belong to any of the Arab tribes; his origin is among the Mawali (clients) who entered the tribes and became integrated with them, but because his origin is non-tribal, he is called a Khudhari, and the other is a Qabili (tribal man). Among the customs is that it is not permissible to marry a Qabili to a Khudhariyyah (non-tribal woman), nor a Khudhari to a Qabiliyyah. As for the first one, which is not marrying a Qabili to a Khudhariyyah, I have not known any scholar to say this absolutely, because the husband is of higher lineage than the wife. The husband is a Qabili who belongs to a known Arab tribe, and the wife is non-tribal. I have not known any scholar to say that a Khudhari does not marry a Qabiliyyah. On the contrary, some scholars said: "She is not to be married to a Khudhari if some of the awliya (guardians) object". Although this opinion is the weaker position, it has been said. As for the first one, no scholar has said it, as far as we know. These are bad customs that should be erased from people's minds. It is said, is not this Khudhariyyah or this Khudhari a free person? It is true that a slave is not married to a free person by the text of the Qur'an except under the conditions for a female slave; a free man does not marry a female slave except under the conditions of [An-Nisa 4:25]. But a free woman, we say, a free man does not marry her! In whose religion? Therefore, the saying of some scholars: "She is not to be married to a Qabiliyyah to a Khudhari man if some of the awliya (guardians) object", and some scholars went further and said: "The marriage is not valid at all". These are weak opinions that are not to be relied upon. People are each other's equals in status. The Muslims' blood is equal, and their conditions are equal, and there is no evidence for differentiation.
